Reynolds v. Hamilton
Supreme Court of Pennsylvania
ERROR to the common pleas of Armstrong county. David Reynolds against James Hamilton surviving executor of Thomas Hamilton deceased. Summons case in assumpsit. Plea, non assumpsit infra sex annos. The cause of action did not accrue within six years; and to avoid this difficulty the plaintiff gave in evidence the will of Thomas Hamilton by which he made Thomas jVrConnell residuary legatee of his estate, and appointed him and the present defendant the executors.
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ERROR to the common pleas of Armstrong county. David Reynolds against James Hamilton surviving executor of Thomas Hamilton deceased. Summons case in assumpsit. Plea, non assumpsit infra sex annos. The cause of action did not accrue within six years; and to avoid this difficulty the plaintiff gave in evidence the will of Thomas Hamilton by which he made Thomas jVrConnell residuary legatee of his estate, and appointed him and the present defendant the executors. He also proved that Thomas M’Connell, one of the executors, in his lifetime promised to pay the debt claimed in this suit, and did…
1Per curiam
Whether the promise of a residuary legatee would bind him, in consideration of his legacy, to pay the testator’s debt,is not the question ; it is contended that it took the debt out of the statute of limitations against the executor. According to Fritz v. Thomas, 1 Whart. Rep. 66, the executor’s own promise would not do so. As the old promise is not revived but superseded by the new one, the consideration of a moral obligation would be wanting to make him personally liable; and though the residuary legatee may possibly be under a moral obligation to pay the testator’s debts, though that is by…
2Cases cited1 opinion
- Fritz v. ThomasSupreme Court of Pennsylvania · 1836
3Cited by4 opinions
- Hall v. BoydSupreme Court of Pennsylvania · 1847
- Man v. WarnerSupreme Court of Pennsylvania · 1839
- Ridgway v. Executors of EnglishSupreme Court of New Jersey · 1850
- Shreve v. JoyceSupreme Court of New Jersey · 1872